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Man fights off burglars, severely injures one, receives jail sentence--burglar goes free.
I would have put this in the 'Today in the News' thread, but I think this one deserves its own space and discussion.
Your comments?

Orthos |

I think it was a piss poor move to chase the burglar down, hold him down and then beat him after he left the guy's property, especially in Britian.
It's one thing to beat him in the privacy of your own house... it's another to take off after him.
Frankly, I don't give a care. My opinion is if you break into someone's house you deserve what you get, end of line.

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I think it was a piss poor move to chase the burglar down, hold him down and then beat him after he left the guy's property, especially in Britian.
It's one thing to beat him in the privacy of your own house... it's another to take off after him.
No offense, but I'd say you've never been burgled, tied up, watched your family get tied up, your wife and daughter, and all done by three masked men and at knifepoint...

Abraham spalding |

Abraham spalding wrote:I think it was a piss poor move to chase the burglar down, hold him down and then beat him after he left the guy's property, especially in Britian.
It's one thing to beat him in the privacy of your own house... it's another to take off after him.
No offense, but I'd say you've never been burgled, tied up, watched your family get tied up, your wife and daughter, and all done by three masked men and at knifepoint...
Your right I haven't my wife is a better shot than me, and I'm just dandy with my stick, however that's not here or there.
Simple fact is you can't go running after them when they leave and beat them in public. You do and you become liable for your actions.

Kruelaid |

I would have put this in the 'Today in the News' thread, but I think this one deserves its own space and discussion.
Your comments?
I have been in such a position of power and I didn't beat the guy until he had brain damage because I knew it was wrong. All I did was restrain him.
As has been commented elsewhere, if the father were to shoot and kill this guy WHILE HE THOUGHT HIS LIFE OR HIS FAMILY'S WAS IN DANGER, that would have been reasonable.
But once he is running away it is different.

Kruelaid |

No offense, but I'd say you've never been burgled, tied up, watched your family get tied up, your wife and daughter, and all done by three masked men and at knifepoint...
But of course the guy did not give the father or his family brain damage. And the burglar was on the run.
Me? I have been held at knifepoint. In fact the guy put it in my nostril and flicked it sideways while his friends held me. I still have the scar.
I've never felt that the guy who did it deserved brain damage.

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My god. I'm GLAD, nay EBULLIENT that this prick decided to rob this guy, because if he would have just left him alone and minded his own f+#*ing business, why we would've never known just what a violent motherf#&&er he turns into when he and his family are threatened at knifepoint.
He was like.......a timebomb, waiting for the proper stimulus to set him off.
I'm glad he got locked up, so he couldn't maim any other violent felons.
Heh heh.....
they're all in jail with Rorschach.

Kruelaid |

My god. I'm GLAD, nay EBULLIENT that this prick decided to rob this guy, because if he would have just left him alone and minded his own f*%@ing business, why we would've never known just what a violent motherf*%@er he turns into when he and his family are threatened at knifepoint.
The guy who knifed my beak--me and two friends put him in the hospital with a broken ankle, fractured wrist and a bunch of broken ribs. In fact we carried him there ourselves and waited to see what we'd done to him. He rolled out of emergency with a smile.
Nothing came back to me. I hadn't said shit to the cops when he f!$&ed with me. Nor did he when we f+&~ed with him. A year later I saw him at a gig with his buddies and all he did was wink at me.
I reckon that if we had kicked him in the head until his brain bled things would have been different.

Orthos |

Anyway, Munir will probably get bail and early release. I don't see what the uproar is about the legal system. We aren't allowed to deal out justice in Canada either, and if everyone was allowed to, and everyone did, we'd probably see the kind of s&~~ that's going on... elsewhere.
Frankly, I'm all for it. Criminals would learn very quickly not to Fsrk with people.

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Right on....all I'm saying is this: law or no law, somebody threatened my kids in my own house and then some how I got the jump on them and they ran off, I don't care; I'm gonna maim them because they're not threatening my kids again.
I don't think this guy had much choice, given the circumstances.
You can't roll over, or they'll stamp your face in. I think the guy was put in a predicament is all, and he chose the least sucky of two possible outcomes i.e. the one in which this guy is no longer a threat to his family.
I also, for some reason, don't necessarily think that the scenario proffered is the 100% truth. Why that is....I really don't want to get into. Lets just say that Rashomon was a pretty heavy book and leave it at that.

Kruelaid |

Right on....all I'm saying is this: law or no law, somebody threatened my kids in my own house and then some how I got the jump on them and they ran off, I don't care; I'm gonna maim them because they're not threatening my kids again...
You forgot the part about how you're going to chase him down so that you can maim him.
Then next month his friends come for you... or wait your kids after school.

Bitter Thorn |

Our legal systems are created not just to punish people, but to prevent revenge attacks like you see here. They are designed in this way because history teaches us that vengeance and vigilante justice are social ills.
This case is different than defending yourself. That's why he's in jail.
Sometimes the legal system is a greater social ill.
Is there jury nullification in the UK?

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Heathansson wrote:Right on....all I'm saying is this: law or no law, somebody threatened my kids in my own house and then some how I got the jump on them and they ran off, I don't care; I'm gonna maim them because they're not threatening my kids again...You forgot the part about how you're going to chase him down so that you can maim him.
Then next month his friends come for you... or wait your kids after school.
Hell yeah I'd chase him down.
Re: his friends; he's coming back anyway, what's the damn difference?Oh, I better not mess this guy up because he's got friends. I better just lie there and let him whack me and my family. Oh, wait.....that's the same thing, except for the fact that I AM weak because I laid there.

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You forgot the part about how you're going to chase him down so that you can maim him.
(lol) I wouldn't go over my posts with too fine a toothed comb right now; no telling what you'll find. This has been a tiring week.
I have this cough that makes my whole ribcage feel like I've been tackled twelve times by an ogre.
A Man In Black RPG Superstar 2010 Top 32 |
hey guys i read this story in the daily mail ill bet it's 100% accurate and unbiased because the daily mail is a super reputable news source
The Daily Mail is a crooked tabloid. Take it with a massive grain of salt.
In this case, this guy is not going to jail for chasing a burglar from his home. He's going to jail for beating an already unconscious burglar into a bloody pulp on his front lawn. While that is an understandable response, it's also an inappropriate response. Attacking someone who is no longer a threat to you is not self defense; it's a crime of passion.
Buried deep in the article is the judge's quite reasonable statement:
"The prosecution rightly made it plain that there was no allegation against you, Munir Hussain, in respect of the force you used against Salem in defending your own home and family or of the force used by either of you in apprehending Salem.
"However, the attack which then occurred was totally unnecessary and amounted to a very violent revenge attack on a defenceless man.
"It may be that some members of the public or media commentators will assert that Salem deserved what happened to him, and that you should not have been prosecuted and need not be punished.
"The courts must make it clear that such conduct is criminal and unacceptable."

Shadowborn |

I can't say that the judge went wrong here as far as sentencing the homeowner. What gets me is that the burglar went free. He was obviously one of the men that unlawfully entered Hussain's house, threatened him and his family at knifepoint, and tied them up with the intention of robbing his house. What exactly is the justification for letting him free?
Yes, what Hussain did was excessive. However, as the judge said, it was revenge. Does that exonerate a criminal from serving time for the crime committed? What sort of precedent does that set?

A Man In Black RPG Superstar 2010 Top 32 |
The judge's full statement:
Munir Hussain, on the night of 3 September 2008, you and your family were the victims of a serious and wicked offence, when at least three masked men entered your home armed with knives and threatened you and your family, possibly intent on robbing you.
It was undoubtedly a terrifying experience for you and your family. The bravery of your teenage son in escaping from the house and raising the alarm and your courage in tackling one of the masked raiders, Waled Salem, brought the ordeal for your family quite quickly to an end.
It is clear that you pursued that invader of your home, Waled Salem, up the road outside and you were joined by others, including your brother and co-defendant Tokeer Hussain.
Salem was apprehended and cornered in the front garden of ...[another house in Desborough Park Road] and brought to the ground.
Four men including, as the jury found, the two of you, armed with weapons then proceeded to carry out a dreadful, violent attack upon him when he was defenceless on the ground.
That attack involved kicking and punching him, stamping upon him and striking him with weapons, including a hockey stick and a cricket bat.
The witness, Miranda McCloughlin, who was at the window immediately adjacent to where the attack was taking place pleaded with you and the two others to stop, telling you that you were going to kill the man on the ground.
She was disregarded and the attack continued. She described you and the other two men involved as acting like a pack of animals. It is purely fortuitous that the man Salem was not killed.
As it was, he suffered a number of fractures, including a skull fracture, and brain damage, giving rise to permanent injury.
It is somewhat ironic that by reason of the head injuries inflicted upon him he was unfit to plead and could not be sentenced to serve the very long period of imprisonment which would otherwise have been imposed upon him.
The prosecution rightly made it plain that there was no allegation against you, Munir Hussain, in respect of the force you used against Salem in defending your own home and family or of the force used by either of you in apprehending Salem.
However, the attack which then occurred was totally unnecessary and amounted to a very violent revenge attack on a defenceless man.
It may be that some members of the public or media commentators will assert that the man Salem deserved what happened to him at the hands of you and the two others involved and that you should not have been prosecuted and need not be punished.
However, if persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting justice run its course, then the rule of law which are the hallmarks of a civilised society, would collapse. The courts must make it clear that such conduct is criminal and unacceptable.
Of course, it is to be noted that it was never suggested by you or on your behalf in the trial that there was any justification for the attack upon Salem. You simply claimed that you were not involved in it.
The jury was sure that you were involved and convicted you of this serious offence of causing grievous bodily harm with intent to cause such harm.
I take very much into account that hitherto you were both men of excellent character and have made enormous contributions to your local community and involved yourselves in various voluntary organisations.
Many character witnesses, testimonials and references spoke to those matters. You are both successful and hardworking in your business and are devoted family men.
I bear that in mind together with all of the other matters put forward so eloquently on your behalf and contained in the reports before me. I take account of the oral evidence of Dr Joseph which I have heard in relation to Munir Hussain.
I have regard to the effect this case has had and will have upon you and your families and your business.
The sentencing guidelines for this offence, the maximum sentence for which is life imprisonment, indicate that usually when such serious injuries result from such an offence, a very long sentence of imprisonment of seven years or more should be imposed after a trial.
Whilst I must have regard for those guidelines, I also have to have in mind the particular and unusual circumstances of this case and all the mitigating factors.
I have had regard, too, to relevant reported Court of Appeal cases, including R v Smith (2009), R v Fazal (2005), R v Lindley (2009) and A-G Reference 83 of 2001.
Immediately before you both committed this offence, Munir Hussain and his family had been the victims in their own home of a very serious and frightening criminal offence.
In my judgement, there was a high degree of provocation which led to this offence being committed and to you both acting out of character.
On the other hand, you involved yourselves in a terribly violent and unnecessary assault on Waled Salem which amounted to a revenge attack and you ignored pleas to discontinue what you were doing.
This case is a tragedy for you and your families. Sadly, I have no doubt that my public duty requires me to impose immediate prison sentences of some length upon you.
This is in order to reflect the serious consequences of your violent acts and intent and to make it absolutely clear that, whatever the circumstances, persons cannot take the law into their own hands and/or carry out revenge attacks upon a person who has offended against them.
The prison sentences I pass upon you are very significantly shorter than would have otherwise been imposed by reason of the degree of provocation involved and the other strong mitigating factors to which I have referred.
In your case Munir Hussain, the sentence is 30 months imprisonment and in your case Tokeer Hussain, 39 months imprisonment.
I have imposed a longer sentence on you Tokeer Hussain because in my judgement you were subject to less provocation than your brother, not having been a direct victim of the crime committed by Salem and the other men who invaded his home.
You will each be required to serve up to one half of the term imposed.

A Man In Black RPG Superstar 2010 Top 32 |
Yeah; I know all that.
All I'm saying is this:
the guy became "no longer a threat" WHEN he got his ass kicked, and not a moment before. You kinda notice that the.....law....let him go, right? Makes me sleep easy at night.
Revenge? Maybe. Probably.
I think it was also meant as a deterrant.
Actually, the guy stopped being a threat when he ran away from the homeowner's home.
Or maybe he wasn't a threat when he was knocked down on the yard of a home down the street.
Or maybe he wasn't a threat after he was knocked unconscious.
I'm pretty sure he wasn't a threat when the neighbor yelled at the homeowner, his brother, and his friends were beating the unconscious burglar.

A Man In Black RPG Superstar 2010 Top 32 |
For what it's worth, Walid Salem was convicted for false imprisonment. The Daily Mail, bastion of unbiased journalism, is careful to say that Salem was "let off" and "spared prison", not exonerated, because he was not. (They also misspelled Salem's first name.)
An immediate threat.
He could come back tomorrow night.
Or the next night.
Or, the night after that.
Yeah, track him down, kill him in his sleep! After all, the police are incompetent buffoons, not the recognized legal authority in this matter. Beating an unconscious man, over the pleas for mercy of your neighbors, is perfectly justified.
Self defense is using force in order to prevent a clear and present threat to yourself, your property, or others. Not chasing down someone who has wronged you and beating him into the dirt. The judge was right to point out that if revenge attacks like this were tolerated, any sort of sane rule of law would collapse.

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To be fair, this guy did look ethnic, the fellow he beat up did look white, and the judge was very old. You really shouldn't be too surprised. I mean it's not like it was the white guy beating up the brown guy. I might expect some leniency then. Justice must be served. Letting this Hussain guy go would set a bad precedent.

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Yeah, track him down, kill him in his sleep! After all, the police are incompetent buffoons, not the recognized legal authority in this matter. Beating an unconscious man, over the pleas for mercy of your neighbors, is perfectly justified.
I didn't say all those words you put in my mouth. I just said maim him.
Why don't you go run along and talk about your little gish or something?
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Heathansson wrote:I didn't say all those words you put in my mouth. I just said maim him.He did maim an unconscious assailant, rather than turning the helpless attacker over to the police. So he's going to jail for making the wrong decision. And rightly so.
Well, my theory can never be tested, because the guy is maimed.
I personally could do 30 months to know that my theory would never get tested under the circumstances.I would've left off the guy's head though.

Kruelaid |

Kruelaid wrote:You forgot the part about how you're going to chase him down so that you can maim him.
(lol) I wouldn't go over my posts with too fine a toothed comb right now; no telling what you'll find. This has been a tiring week.
I have this cough that makes my whole ribcage feel like I've been tackled twelve times by an ogre.
I'm not f#in with you. I'm just saying the way I see it is, you give, you take... and you take, you give.... Hussein gave, he took, now he's giving again.
All this reminds me of a my sensei (who is now and Texas in good company no doubt).
Anyway, in his Canada days he owned a house in a bad part of town and he's rigged the place to trap burglers inside with him. Nails on fences and window frames that hook you on the way out.
He's loosened the floor so that it squeaked in key locations (that he could leap over silently) and re-wired so he could turn off the power from several key positions.
Also, he had weapons hidden everywhere. He favored blunt.
The icing on this cake: he practiced kata around the house for hours every days. He could (I saw it) move down hallways and through rooms blindfolded swinging all manner of staves.
Luckily for the criminals, nobody ever had a try at it. I guess single guy living in what looks like a rental house and driving an old chevy doesn't look like an easy mark.

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No, I know; we're buds.
I'm just tired, from firsthand experience, of
1) viscious scumbags turning into mewling poor little victims and
2) the inability of the legal system to protect the innocent.
I know that guy screwed up, but he was protecting his kids too. I'd do 30 months to protect my kids.
What's really fun is when the viscious scumbag is your neighbor, he's there next to you all the time, and the police can't seem to take him into custody for 3 days.......then he drives down to the courthouse, posts bail, and is right back being your neighbor.
Cos he's got RIGHTS, man.

A Man In Black RPG Superstar 2010 Top 32 |
You know what's fun? The burglar would have gone to jail, for a good long time, except that he was ruled unfit to do so because of the severity of his injuries. The judge even points this out:
It is somewhat ironic that by reason of the head injuries inflicted upon him he was unfit to plead and could not be sentenced to serve the very long period of imprisonment which would otherwise have been imposed upon him.

Kruelaid |

A Man In Black wrote:Heathansson wrote:I didn't say all those words you put in my mouth. I just said maim him.He did maim an unconscious assailant, rather than turning the helpless attacker over to the police. So he's going to jail for making the wrong decision. And rightly so.Well, my theory can never be tested, because the guy is maimed.
I personally could do 30 months to know that my theory would never get tested under the circumstances.
I would've left off the guy's head though.
I'd put some harm on him myself. Also, if he hurt my girls I'd be willing to do some time. You can be sure I'd make it look like an accident. Reasonable doubt at least.
SERIOUS F!@!ING HURT. Blows to the head are no good, they numb a guy. I'd want him to feel it. And remember it.

Kruelaid |

You know what's fun? The burglar would have gone to jail, for a good long time, except that he was ruled unfit to do so because of the severity of his injuries. The judge even points this out:
Quote:It is somewhat ironic that by reason of the head injuries inflicted upon him he was unfit to plead and could not be sentenced to serve the very long period of imprisonment which would otherwise have been imposed upon him.
I wouldn't rip his tongue out or nothing. And I'd leave him a hand so he could write a confession.

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You know what's fun? The burglar would have gone to jail, for a good long time, except that he was ruled unfit to do so because of the severity of his injuries. The judge even points this out:
Quote:It is somewhat ironic that by reason of the head injuries inflicted upon him he was unfit to plead and could not be sentenced to serve the very long period of imprisonment which would otherwise have been imposed upon him.
OR,
He might've bailed out.THEN, 3 months later, he might've gone to sentencing, and said "I need more time to hire a lawyer."
THEN, 1 month later, he might've still said, "I......think I still need to hire a lawyer."
Three months after that, maybe it might, just might, have gone to trial, or maybe he might have gotten a really good lawyer who could've gotten them to plea down to a year probation.
But you never can tell, seeing as the future is the undiscovered country and all.
Maybe he would've done two years or so.
Probation.

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OR,
He might've bailed out.
THEN, 3 months later, he might've gone to sentencing, and said "I need more time to hire a lawyer."
THEN, 1 month later, he might've still said, "I......think I still need to hire a lawyer."
Three months after that, maybe it might, just might, have gone to trial, or maybe he might have gotten a really good lawyer who could've gotten them to plea down to a year probation.
But you never can tell, seeing as the future is the undiscovered country and all.
Maybe he would've done two years or so.
Probation.
This is the Reader's Digest condensed version of actual real life events. It's bizarre when you see it first hand for the first time, man.

A Man In Black RPG Superstar 2010 Top 32 |
OR,
He might've bailed out.
THEN, 3 months later, he might've gone to sentencing, and said "I need more time to hire a lawyer."
THEN, 1 month later, he might've still said, "I......think I still need to hire a lawyer."
Three months after that, maybe it might, just might, have gone to trial, or maybe he might have gotten a really good lawyer who could've gotten them to plea down to a year probation.
But you never can tell, seeing as the future is the undiscovered country and all.
Maybe he would've done two years or so.
Probation.
So you're mad that there might be a miscarriage of justice, and someone could be found innocent of a crime they committed. That's fair enough, but all you're proposing as an alternative is to reassign the job of trial and sentencing to whoever happens to be standing around at the time.
The only people in your system who get justice are burly, well-armed people with burly, well-armed guards. I guess that's a nice system if you're willing to maim people yourself. I'm skinny and frail and bleed easily, so I'd rather invest in a social contract where justice comes at the hands of detached professionals.

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Heathansson wrote:OR,
He might've bailed out.
THEN, 3 months later, he might've gone to sentencing, and said "I need more time to hire a lawyer."
THEN, 1 month later, he might've still said, "I......think I still need to hire a lawyer."
Three months after that, maybe it might, just might, have gone to trial, or maybe he might have gotten a really good lawyer who could've gotten them to plea down to a year probation.
But you never can tell, seeing as the future is the undiscovered country and all.
Maybe he would've done two years or so.
Probation.So you're mad that there might be a miscarriage of justice, and someone could be found innocent of a crime they committed. That's fair enough, but all you're proposing as an alternative is to reassign the job to whoever happens to be standing around at the time.
The only people in your system who get justice are burly, well-armed people with burly, well-armed guards. I guess that's a nice system if you're willing to maim people yourself.
No, I just meant that the certainty implied in the previous post re: sentencing for a "long long time" is nebulous at best.
Burly, well-armed people with burly, well-armed guards do have a bit of an advantage. That's where maiming somebody who threatens your kids comes in. They end up less capable of it after such an experience.
It's not my system, it's the law of the jungle. I didn't come up with it. It just.....sorta evolved.